What can I do about my ex not paying court ordered spousal support? 24 Answers as of August 27, 2012

It has been 21 days past due already. He is suppose to pay me directly by money order, cashier’s check, or cash every first of the month. The legal aid would not help until he has been more than three months delayed. I am living on a limited income and I need the $150 a month to help me with bills. I need proof that he hasn't paid or isn't paying the spousal for my apartment (Section 8 housing). How or where do I get this proof? The legal aide said something about an affidavit. Where do I get an affidavit?

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The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
You can file a motion for contempt on your own in the domestic relations court. In that motion, you should ask that the court change his direct payment to a wage deduction order, so it comes out of his pay check.
Answer Applies to: Ohio
Replied: 8/27/2012
Steven Alpers | Steven Alpers
You would have to prepare an affidavit. You can ask for a withholding order. The forms are on line.
Answer Applies to: California
Replied: 8/27/2012
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
You must file a Motion for contempt and seek a judgment for any unpaid maintenance and perhaps an award of your legal fees.
Answer Applies to: Minnesota
Replied: 8/27/2012
Law Office of William L Spern | William Spern
Get the FOC report re payments. At same time, file a complaint with FOC re lack of payment.
Answer Applies to: Michigan
Replied: 8/27/2012
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
When a payor spouse does not pay the court ordered support payment there are steps that can be taken to collect the money, and/or encourage compliance. An earnings assignment Order can be obtained and the money taken out of the paycheck. If self employed assets may be garnished. Sometimes the government will help collect the money. Lastly a contempt action can be filed and have the delinquent payor face community service or jail time, and economic sanctions. It is important to stop delinquency right away because all the actions take time to process, and the recipient will be out the income until the result can be achieved.
Answer Applies to: California
Replied: 8/27/2012
    Law Office of Melvin Franke | Melvin Franke
    Meet with an experienced divorce attorney.
    Answer Applies to: Missouri
    Replied: 8/27/2012
    Elyssa K. Williams, Attorney at Law | Elyssa K. Williams
    When ex-spouse violates a court order in Georgia, you can bring an action for contempt against him. If he is held in contempt of court, the judge may order payment or send your ex to jail until he comes up with the payment. One problem with an action for contempt is that the filing fee is going to be more than the money owed to you. Another possible option would be to obtain an income deduction order once your ex is 30 days late, so that your ex's employer pays you the money directly out of your ex's paycheck.
    Answer Applies to: Georgia
    Replied: 8/27/2012
    Law Office of Maha A. ELKolalli, P.A. | Maha A. ELKolalli
    I agree that you should wait three months as by the time you get to court he may have already made the payment. As for the Affidavit, it is a sworn statement that you sign and have notarized indicating that you have not received payment or whatever statement it is that you want to say under oath.
    Answer Applies to: Florida
    Replied: 8/27/2012
    Attorney at Law | John P. Rivers
    Try giving the housing authority an affidavit signed by you. Attach a copy of the order requiring him to pay child support and state the amount of his arrearage. Legal aid is not being unreasonable in telling you to wait three months. You can't run to court every month if he is late.
    Answer Applies to: Georgia
    Replied: 8/27/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    I cannot comment on any legal advice given by another, however, you may obtain the forms from the Superior Court and may file to enforce the support order or to have him held in contempt of court. Visit the Superior Court self service Center in Maricopa County or online.
    Answer Applies to: Arizona
    Replied: 8/27/2012
    ADELMAN & SEIDE, LLP
    ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
    It is complicated. If he was properly served with an Order After Hearing, you can file a contempt of court after he misses on month's payment. That is complicated. Prepare a statement that he has not paid the court ordered support for the month he is missing. Put "I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct and was executed on August
    Answer Applies to: California
    Replied: 8/27/2012
    Lombardi Law LLC
    Lombardi Law LLC | SUZANNE LOMBARDI
    Your best option for child support is to have it go through CSSD. They will keep track of the support and make sure that you get it. As far as an affidavit it would serve you to speak with an attorney to have one drawn up. An affidavit is a statement that you swear to. So you can write up that he has not paid anything then sign it before a notary. A notary is a person that swears you are who you say you are so you will need an ID. An attorney could draw one up for you fairly quickly. With regard to your support your best option is to have all the payments go through CHILD SUPPORT - again they will help you make sure he pays.
    Answer Applies to: Alaska
    Replied: 8/27/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You should seek contempt against him.
    Answer Applies to: Washington
    Replied: 8/27/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    It sound like Legal Aid has a policy that it cannot render assistance until the payments are at least 3 months past due (probably because of the high number of persons in your situation). Their reference to an "affidavit" is a attempt to explain the documentation that is required to file a Motion to the court for Contempt and Judgment against your former spouse. Do some on-line research re "collecting past due spousal support" and you will get a better understanding.
    Answer Applies to: Washington
    Replied: 8/27/2012
    Law Office of Lynda H. LeBlanc | Lynda Leblanc
    You may be able to get a form affidavit online, Section 8 may have one that they prefer you to use. What you need to file with the Court is a Motion for Rule to Show Cause and Contempt Citation. You will also need a Summons, and have to serve your ex by Sheriff or certified mail. Call the clerk's office where you divorce was handled and ask if they have any type of Pro Se Clinic (Lake County has one at the Gary courthouse) or if they have form Motions and Summons in their office that you can fill out to file. Otherwise, you can try to google the different motions to find a form or example to work off of. Make sure you include the amount owed, that it hasn't been paid, what you have done to try to get him to pay (call, letter - whatever you've done), the date and name of the order that granted the support and that he has caused you financial harm. As for appropriate sanctions. These can include the late fees or extra interest you will have to pay because of his failure to timely pay support.
    Answer Applies to: Indiana
    Replied: 8/27/2012
    Mike Yeksavich | Mike Yeksavich
    Cite him for contempt of court. Normally, you prove he has not paid by your testimony that he has not paid and then it is up to him to show otherwise.
    Answer Applies to: Oklahoma
    Replied: 8/27/2012
    Posternak Blankstein & Lund, LLP | Michael Eliot Rubin
    File a contempt
    Answer Applies to: Massachusetts
    Replied: 8/22/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You need to talk with the friend of the Court.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You need to ask the housing people exactly what they need for proof and if it is an affidavit then ask who they need an affidavit from.
    Answer Applies to: Georgia
    Replied: 8/22/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    Go to the management office and ask them for a copy of their records showing that your ex is not paying them. You do not have to wait for 3 months. You have the right to file a Motion for Contempt now. Call your local family courthouse or go to their website to find out what procedure you must follow to file the motion yourself.
    Answer Applies to: Florida
    Replied: 8/22/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    file contempt, get wage garnishment issued have security for payment order issued.
    Answer Applies to: California
    Replied: 8/22/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You really should have it paid through the Friend of the Court's office so you would not have this problem
    Answer Applies to: Michigan
    Replied: 8/22/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    You can seek enforcement through a petition in Family Court.
    Answer Applies to: New York
    Replied: 8/22/2012
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